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Nepal Opting For A Rare Transition

Amit Pyakurel - 7/6/2007

A fresh, crucial development in Nepal's politics is that the parliament has amended the constitution enabling it now to legally abolish the institution of monarchy by a two-third majority vote in the House. The amendment was passed on Wednesday, which is also a part of the peace deal made between the seven-party alliance and Maoists last year. The newly enshrined provision is an important development, as now it's possible to do away with the monarchy constitutionally if it's deemed necessary, even before the Constitutional Assembly (CA) polls that are proposed for this coming November. The monarchy could now be completely eradicated on the consent of the parliament, especially if the institution tries to pose any threat or hurdle to the election.

Nepal is heading for a political change that has never occurred before in the country -- i.e. holding the Constituent Assembly (CA) election, which is hoped to make the Nepali people independent for the first time. It's also a rare political event in the world, as the Maoists who were determined to overthrow the "feudalistic" political system merely through armed resistance, have now changed their strategy to peaceful means to achieve their goal. However, it's still a question for some whether the rebels, though without arms, are yet trying to usurp power by hook or by crook, so as to establish a one-party totalitarian communist republic.

But this argument takes a back seat for the time being, as the Maoist leadership has repeatedly expressed their determination to take part in multiparty politics and respect for the democratic rights of individuals. Further, the party's high ranks also mentioned that they don't seek the "outdated" version of communism in Nepal, as in the case of the former Soviet rule. Nonetheless, this expressed "commitment" will reach its full legitimacy if the words are transformed into action. Still, the prejudices regarding the Maoists' ultimate intention don't sound genuine, as the people are yet to see the success of a free and fair CA election, and they have yet to see how the former rebels will abide by the election's consequences. We need to be clear that people didn't accepted the king's tyranny, and neither will they accept any other form of tyranny or authoritarianism, be it of the Maoists or others.

While the people directly suffered and opposed the king's autocratic rule, they also had been fed-up with the selfish power game and corruption of the so-called democratic parties, and been glaringly displeased by the violent means of the former rebels. So they demanded all this to end in the April movement, which is the basic legitimate foundation for the value and importance of the planned CA election.

The people's incredible desire and courage that shaped the April uprising enabled the political parties to re-establish their rule and eventually eased the way for the violently resistant Maoists to come to mainstream politics. For the first time the people can chose the system of governance which would ensure the democratic rights of all, regardless of any ethnicity, race, culture, or gender. The CA election is also expected to eliminate the feudal and status-quo structures in Nepali polity, letting the country see a new dawn of political recovery.

Looking back on history, Nepal saw another mass uprising in 1990 against the monarchy when then King Birendra was forced to end the authoritarian Panchayati rule, the rule instigated by his father Mahendra. Though the monarchy succumbed to the people's power, it's widely perceived that the achievement made in 1990 was not a complete democracy, but a compromised form of "people's polity," as in the backdrop the monarchy always influenced and controlled the multi-party politics.

The late King Birendra was, however, considered comparatively liberal, as he allowed multiparty democracy and other democratic reforms. But, as per the traditional privilege enjoyed by the Nepali monarchs, he sustained some non-democratic aspects like total impunity of law for the king and any royal family members in the event of any criminal or unlawful activities, and he also remained the supreme head of the army.

But, the situation has totally turned upside down for the monarchy regarding the consequences after the historic people's movement in April last year. The current King Gyanendra's substantial political power has been dramatically cut down by the parliament, including his authority over the army. However, though the current king seemingly just represents a name rather than any power status, what still worries many analysts and critics is that the monarchy yet hasn't been eradicated in legal terms. Suspicions suggest that, though seemingly defunct, the institution and its collaborators might, even today, backlash or weave conspiratorial policies to obstruct reform, and it may even try to scuttle the CA polls.

The parliament's latest amendment of the constitution, however, has considerably helped to alleviate this suspicion and anxiousness for the time being. Many perceive that the new change has made the road towards the Constituent Assembly easier, while some still argue that the move is still not compelling. Doubting that the parliament could remove the monarchy before the vote, Lok Raj Baral, a retired professor of politics, said, "The decision taken by parliament is progressive, but the condition that they have put to remove the monarchy is not that convincing." Suspicion is still there, especially from the Maoists, that the monarchy would most probably create a hindrance to the CA election, which is why they have argued for its abolition before the election.

The fear is understandable, but the major political entity in the current government, the Nepali Congress, is however seen rigidly against abolishing the institution prior to the election. Moreover, the party has yet to make clear its official stance on the monarchy, for which the party's leadership is being blamed by its own personnel and also by other parties. As all other parties in the current eight-party alliance, except the Nepali Congress, have strongly stood for republicanism, the indistinct stance of Nepali Congress over the monarchy has led to frequent criticisms.

But such criticism may not last long as the Nepali Congress has declared that it will clarify its stance on the monarchy in the soon-to-be held party's general assembly. For now, the problem seems to have solved a lot by the parliament's latest decision. The monarchy will be suddenly abolished if it creates any hindrance towards the CA election, and given the political environment and wide public opinion, the institution of monarchy is likely to be abolished yet after the successful conduct of the election.